Application for franchise

Applications for a franchise shall be made to the purchasing department upon such form and in such manner as shall be prescribed by the director of purchasing to elicit the following information and to be accompanied by supporting documents and such other information as may be required by the purchasing department:

(1)

Name of applicant. If the applicant is a partnership or corporation, the names and business addresses of the principal officers and stockholders and other persons having any financial or controlling interest in the partnership or corporation. Provided, however, that if the corporation is a publicly owned corporation having more than 25 shareholders, then only the names and business addresses of the local managing officers shall be required.

(2)

Character of applicant. The applicant for a franchise under this section, if an individual, or in the case of a firm, corporation, partnership, association or organization, any person having any financial, controlling or managerial interest therein, shall be of good moral character. In making such determination the following information, which shall be submitted by applicant, shall be considered:

a.

Penalty history. If the applicant is an individual, a record of all convictions and the reasons therefore shall be provided by the applicant. If the applicant is other than an individual, then the record of all convictions and the reasons therefore of the principal controlling officers of applicant shall be provided. Provided, however, that in the case of a publicly held corporation having 25 or more shareholders, then only the aforementioned information applicable to its local managing officers shall be required.

b.

Fingerprints. The fingerprints of the persons mentioned in this subsection, a full set of which, for each of such persons shall accompany the application. Such service shall be obtained from a public agency.

c.

Business history. Whether such applicant has operated a solid waste collection removal business in this or another state under a franchise, permit or license and if so, where and whether such franchise, permit or license has ever been revoked or suspended and the reasons therefore.

d.

Existence of business entity. If the applicant is a corporation, applicant shall submit proof of incorporation in good standing in the state of incorporation and, if a foreign corporation, applicant shall provide information certifying that applicant is qualified to do business in the state. If applicant is operating under a fictitious name, applicant shall be required to submit information that such fictitious name is registered and held by applicant.

(3)

Equipment and method of operation. The applicant for a franchise shall possess equipment capable of providing safe and efficient service. In making such a determination and approving the method of operation for each applicant, the department shall require the following information:

a.

The type, number and complete description of all equipment to be used by the applicant for providing service pursuant to this chapter.

b.

A statement that applicant will use only city- and/or county-approved disposal sites for disposing of all garbage, garden trash, industrial waste, and solid waste material which applicant collects and removes, except those sites which heretofore have been approved by the State of Florida department of environmental protection.

c.

The names of customers and the addresses of each location served by the company.

(4)

Insurance requirements.

a.

The applicant for a franchise shall maintain insurance as specified herein and shall furnish a public liability policy to the department and also file with the department a certificate of insurance for the policy written in the applicant's name. The certificate shall provide that the policy contain an endorsement requiring that the department shall be furnished with ten days' notice by registered mail prior to cancellation or material changes in the policies. The applicant shall carry in the applicant's own name an automobile liability insurance policy covering the applicant's operations with a combined single limit of $1,000,000.00 per occurrence for bodily injury and property damage liability. The city shall be listed as an additional insured for liability.

b.

A performance bond or an acceptable alternative in an amount equal to the contractor's previous 12-month franchise fee(s) paid to the city or a minimum of $25,000.00, whichever is greater, as security for any fee(s) due to the city under the franchise agreement(s) with good and sufficient sureties conditioned upon the compliance of the terms of this chapter in such form as required by the city attorney. Said performance bond, or alternative acceptable by the department, shall not expire prior to six months from the commencement of the term of the franchise agreement and any extensions thereof.

(5)

Liability of the city and the department. The above insurance requirements shall not be construed as imposing upon the city or the department or any official or employee thereof any liability or responsibility for injury to any person or damage to any property by the insured, the insured's agents or employees.

(6)

Limitation on hours of operation. Private waste collection operators franchised by the city shall service their accounts, located within 100 feet of residential districts only between the hours of 7:00 a.m. and 11:00 p.m., except as determined and defined by the director. Commercial corridors as determined by the director.

(7)

Application form. Each application for a franchise shall be made on a standard form promulgated by the director of purchasing and shall include an affirmation that the applicant will comply with this chapter in all respects.

(8)

Review and issuance. The completed application shall be submitted to the purchasing department. Upon receipt of a completed application, the director of purchasing shall consult with the director of solid waste to jointly review said application and, if satisfactory in all respects, shall make recommendations to the city commission.

(Ord. No. 10128, § 1, 7-10-86; Ord. No. 10440, § 2, 5-19-88; Ord. No. 11184, § 5, 10-27-94; Code 1980, § 22-18.1; Ord. No. 11837, § 2, 9-28-99; Ord. No. 12258, § 2, 7-25-02; Ord. No. 12599, § 2, 10-14-04; Ord. No. 13194, § 2, 9-27-10; Ord. No. 13316, § 2, 3-8-12; Ord. No. 13693, § 2, 7-13-17)

Editor's note— Ord. No. 12599, § 2, adopted October 14, 2004, changed the title of § 22-46 from "Application for nonexclusive franchise" to "Application for franchise."